PET SHOP LAW; LARGE-SCALE BREEDERS                                                         S.B. 339:

                                                                                  SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 339 (as introduced 5-19-15)

Sponsor:  Senator Steven Bieda

Committee:  Agriculture

 

Date Completed:  11-30-16

 


CONTENT

 

The bill would amend Public Act 287 of 1969, which regulates pet shops and animal shelters, to do the following:

 

 --    Allow, rather than require, the Department of Agriculture and Rural Development promulgate rules to accomplish the Act's purposes and to establish minimum standards for the housing, care, and handling of animals.

 --    Permit the Department to promulgate rules for large-scale dog breeding kennels.

 --    Modify prohibitions that apply to pet shops, and include animal shelters and large-scale dog breeding kennels in these provisions.

 --    Prohibit a person from operating a large-scale dog breeding kennel unless it was registered with the Department.

 --    Require the Department to charge an annual fee of $500 per registration for a large-scale dog breeding kennel.

 --    Require a large-scale dog breeding kennel to maintain current verifiable records for at least two years, and specify the information to be included in those records.

 

Promulgation of Rules for Large-Scale Dog Breeding Kennels

 

The Act requires the Department to issue rules to accomplish the Act's purposes and to establish minimum standards for the housing, care, and handling of animals to ensure their humane care and handling. Under the bill, the Department would be permitted to promulgate those rules, as well as rules to establish minimum standards for large-scale dog breeding kennels.

 

Except as otherwise provided, until the Department promulgated rules establishing standards for large-scale dog breeding kennels, those kennels would be subject to R 285.151.1 to 285.151.41 of the Michigan Administrative Code (which are the administrative rules pertaining to pet shops, dog pounds, and animal shelters). In a large-scale dog breeding kennel, a female in estrus (in heat) could be housed with intact male dogs for breeding purposes, notwithstanding R 285.151.25 of the Michigan Administrative Code (which generally prohibits female animals in estrus from being housed in the same primary enclosure as male animals).

 

The bill would define "large-scale dog breeding kennel" as a facility where more than 15 female intact dogs over the age of four months are housed or kept for the primary purpose of breeding.

 

"Intact dog" would mean a dog that has not been altered (has not undergone a professional sterilization procedure performed by a veterinarian that renders it incapable of reproducing).

Prohibited Conduct

 

Currently, a person who operates a pet shop may not import or cause to be imported into the State, or offer for sale or resale, a dog or cat less than eight weeks old. The bill also would prohibit the exchange or transfer of such animals, and would apply this prohibition to a large-scale dog breeding kennel. In addition, the bill would prohibit a person who operated an animal control shelter or animal protection shelter from importing or causing to be imported into the State a dog or cat that was less than eight weeks old unless it was imported with its dam. This prohibition also would apply to a large-scale dog breeding kennel importing a dog.

 

Currently, a pet shop may not import or cause to be imported a dog or cat into the State unless it has deciduous (baby) teeth visibly present. The bill would delete this prohibition.

 

Under the Act, a person who operates a pet shop may not sell or offer to sell a dog unless the dog has been inoculated against distemper, hepatitis, leptospirosis, and para influenza and, if indicated, has been treated for external and internal parasites, at least seven days before the dog's entry into the State. The dog must be accompanied by a health certificate signed by a veterinarian, including records of medication and immunization.

 

Under the bill, instead, a person that operated a pet shop, animal control shelter, animal protection shelter, or a large-scale dog breeding kennel could not import or cause to be imported into the State, sell, adopt, exchange, or transfer, or offer for sale, adoption, exchange, or transfer a dog, unless all of the requirements below were satisfied before the dog's entry into the State.

 

The dog would have to be vaccinated against distemper, parvovirus, and canine adenovirus-2. The dog also would have to be vaccinated against rabies and leptospirosis if the dog were 12 weeks of age or older. If a rabies vaccine were required, it would have to be administered by a veterinarian. If the person operated a pet store or large-scale dog breeding kennel, he or she would have to ensure that vaccines other than the rabies vaccine were administered at least seven days before the dog's entry into the State. The Department Director could require vaccinations against other diseases.

 

Also, if indicated, the dog would have to be treated for internal and external parasites so that the dog was not capable of spreading those parasites to another animal at the time it was imported into the State.

 

In addition, the dog would have to be accompanied by an interstate health certificate or certificate of veterinary health signed by an accredited veterinarian licensed to practice veterinary medicine in the dog's state of origin, and would have to include records of the dog's medication and immunization.

 

Similar restrictions would apply to pet shops and animal shelters with respect to cats, except that a cat would have to be vaccinated against feline panleukopenia, calici virus, and feline herpes virus-1. The bill would eliminate a requirement to vaccinate a cat against rinotraecheitis. The requirements for the rabies vaccination would be the same as for dogs.

 

Currently, a pet shop may not sell or deliver a cat or dog without giving the purchaser a health certificate signed by a veterinarian licensed by the State, for the dog or cat. Under the bill, a person who operated a pet shop or a large-scale dog breeding kennel could not sell, exchange, transfer, or deliver a dog, cat, or ferret without giving the purchase a valid pet health certificate. A pet health certificate would be valid for 30 days after the date the animal was examined by the veterinarian who signed the certificate.

 

"Pet health certificate" would mean a certificate in a form prescribed by the Director in which a veterinarian attests to the age, sex, breed, and description of an animal; any medical conditions of the animal; any medical treatment and vaccinations that the animal received while under the control of a pet shop or large-scale dog breeding kennel; and to the fact that at the time of the preparation of the certificate the veterinarian examined the animal and found the animal free from visual evidence of communicable disease.

 

The bill also would prohibit a person from operating a large-scale dog breeding kennel that housed or kept more than 50 intact female dogs over the age of four months in any one physical location.

 

Registration of Large-Scale Dog Breeding Kennel

 

The Act prohibits a municipality or a society for the prevention of cruelty to animals from operating an animal shelter unless it is registered with the Department. Under the bill, a person also could not operate a large-scale dog breeding kennel unless it was registered with the Department. The application for registration of a large-scale dog breeding kennel would have to be on a form prescribed by the Director.

 

The bill specifies that the Act's licensing and registration requirements would apply to a large-scale dog breeding kennel; however, the Act would not apply to a dog owner or breeder that housed 15 or fewer intact female dogs.

 

Kennel Record-keeping Requirements

 

The bill would require a large-scale dog breeding kennel to maintain current verifiable records for a period of at least two years, and make them available to the Director or his or her representative on request. The records would have to include the following:

 

 --    The verified name and address of the person from whom the dog was acquired, where it was acquired, and the date it was acquired.

 --    A description of the dog, including the dog's identification information, color, breed, sex, alteration status, and approximate weight and age.

 --    The date and method of disposition; and if the dog were adopted, transferred, or sold, the verified name and address of the person to whom the dog was adopted, transferred or sold.

 --    The number of dogs and intact breeding adult female dogs on site daily at each physical location.

 

MCL 287.331 et al.                                                           Legislative Analyst:  Jeff Mann

 

FISCAL IMPACT

 

The bill would have a moderate fiscal impact on the Department of Agriculture and Rural Development. The bill would allow the Department to promulgate rules to establish minimum standards for the housing, care, and handling of animals at large-scale dog breeding kennels. In addition to adding regulatory standards for the operation of pet shops, animal control shelters, and animal control shelters, the bill would require the registration of large-scale dog breeding kennels with the Department. As large-scale dog breeding kennels have never before been required to register with the State, the number of such entities that would register and become regulated under this bill is unknown.

 

The Department's Animal Industry Division has estimated that it would take at least one additional full-time equated (FTE) position to enforce the bill's registration provisions and approximately one-half of an FTE for the administrative work related to registration. The bill would provide no appropriation or revenue source for the Department to use to enforce the proposed provisions, requiring revenue from other sources in the Department to be used.

 


The bill could have a moderate fiscal impact on local governments, which would have to comply with added shelter regulations, and on the Department to regulate those changes. The Department does not regulate pet shops.

 

                                                                                       Fiscal Analyst:  Bruce Baker

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.